What Families Should Know About Virginia Wrongful Death Claims

Losing a loved one in a crash is one of the most devastating experiences a family can endure. In the immediate aftermath, legal questions are the last thing on anyone’s mind. Understanding how Virginia’s wrongful death law works—and what rights a family may have—can help families make informed decisions during an incredibly difficult time.

What Is a Wrongful Death Claim in Virginia

A wrongful death claim is a civil lawsuit brought on behalf of a person who died as a result of another party’s negligent, reckless, or intentional conduct. In Virginia, these claims are governed by the Virginia Wrongful Death Act, codified at Virginia Code § 8.01-50. The purpose of the law is to allow certain surviving family members to seek compensation for the losses they have suffered as a result of the death — losses that the deceased person would have been able to pursue themselves had they survived the crash.

A wrongful death claim is separate from any criminal case that may arise from the same incident. While a criminal prosecution focuses on determining whether criminal laws were violated, a wrongful death claim is a civil matter that may allow eligible family members to seek compensation under Virginia law.

Who Can Bring a Wrongful Death Claim

Virginia law designates a specific person, called the personal representative, to file a wrongful death claim on behalf of the deceased person’s estate. The personal representative is typically named in the deceased person’s will, or appointed by the court if no will exists. The compensation recovered through a wrongful death claim is then distributed to the deceased person’s beneficiaries according to a priority established by the statute.

Virginia law prioritizes surviving spouses, children, and grandchildren as primary beneficiaries. If no such family members exist, the claim may benefit parents, siblings, and other relatives who depended on the deceased for support. In cases involving a child who is killed, parents are recognized as beneficiaries entitled to pursue a claim for the loss of their child’s companionship and the grief caused by that loss.

What Damages Can Be Recovered

Virginia’s wrongful death statute allows beneficiaries to seek compensation for a range of losses, including funeral and burial expenses, medical expenses incurred between the time of the injury and the death, the financial support the deceased person would have provided to the family over their expected lifetime, the loss of the deceased person’s companionship, comfort, guidance, and care, and the sorrow, mental anguish, and grief suffered by the surviving family members. In cases involving particularly egregious conduct — such as a driver who was highly intoxicated or operating a vehicle at an extreme speed — punitive damages may also be available in some circumstances.

The Statute of Limitations

Acting promptly after a loved one’s death can be important. Wrongful death cases often require preserving evidence, reviewing crash reports, interviewing witnesses, and consulting experts when necessary. Speaking with an attorney early can help ensure these steps are taken while evidence is still available.

Virginia’s Contributory Negligence Rule

Virginia’s contributory negligence rule can significantly affect wrongful death claims. The specific facts surrounding how a crash occurred may play an important role in determining whether surviving family members can recover compensation. Because these cases often involve complex factual questions, preserving evidence early can be important.

If your family has lost a loved one in a crash in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or anywhere in Hampton Roads, Breit Law is here to help you understand your rights. With more than 47 years of trial experience, William Breit has fought for the families of crash victims across Hampton Roads. Contact us today to discuss your situation.

Map of the Hampton Roads region served by Breit Law.